Big X Holdings Inc. et al. v. Royal Bank of Canada, (2014) 351 N.S.R.(2d) 286 (SC)

• Judge: Moir, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: September 09, 2014
• Jurisdiction: Nova Scotia
• Citations: (2014), 351 N.S.R.(2d) 286 (SC);2014 NSSC 368

Big X Holdings v. Royal Bk. (2014), 351 N.S.R.(2d) 286 (SC);

    1111 A.P.R. 286

MLB headnote and full text

Temp. Cite: [2014] N.S.R.(2d) TBEd. OC.018

Big X Holdings Inc., Robert Leonard McNeil, and Margaret Anne McNeil (plaintiffs) v. Royal Bank of Canada (defendant)

(Hfx. No. 406111; 2014 NSSC 368)

Indexed As: Big X Holdings Inc. et al. v. Royal Bank of Canada

Nova Scotia Supreme Court

Moir, J.

October 14, 2014.

Summary:

The plaintiffs lost a lot of money they invested in a company. The defendant financed the investment, and later became the company's banker. The plaintiffs said that the defendant was responsible for their losses because it breached implied terms of banking or lending contracts, or it breached fiduciary obligations, requiring the defendant to supervise the company. The plaintiffs elected trial by jury. The defendant moved for trial without a jury.

The Nova Scotia Supreme Court granted the motion. This was not a case for fact-finding by a jury. There was complexity in the inextricable mixture of detailed questions of fact and the law on the main liability issues. Also, the need for a separate determination of facts by the judge going to the equitable claim complicated the use of a jury because of the expense of separate determinations and the risk of conflicting findings of fact on implied term or fiduciary duty.

Practice - Topic 5100

Juries and jury trials - Right to a jury - General (incl. when jury trial appropriate) - The plaintiffs lost a lot of money they invested in a company - The defendant financed the investment, and later became the company's banker - The plaintiffs said that the defendant was responsible for their losses because it breached implied terms of banking or lending contracts, or it breached fiduciary obligations, requiring the defendant to supervise the company - The plaintiffs elected trial by jury - The defendant moved for trial without a jury - The Nova Scotia Supreme Court granted the motion - This was not a case for fact-finding by a jury - There was complexity in the inextricable mixture of detailed questions of fact and the law on the main liability issues - Also, the need for a separate determination of facts by the judge going to the equitable claim complicated the use of a jury because of the expense of separate determinations and the risk of conflicting findings of fact on implied term or fiduciary duty.

Practice - Topic 5102

Juries and jury trials - Right to a jury - Setting aside a jury notice - [See Practice - Topic 5100 ].

Practice - Topic 5106

Juries and jury trials - Right to a jury - Division of issues between judge and jury - [See Practice - Topic 5100 ].

Cases Noticed:

Creston Moly Corp. v. Sattva Capital Corp. (2014), 461 N.R. 335; 358 B.C.A.C. 1; 614 W.A.C. 1; 2014 SCC 53, refd to. [para. 27].

Geophysical Service Inc. v. Sable Mary Seismic Inc. et al., [2008] N.S.R.(2d) Uned. 164; 2008 NSSC 79, affd. (2008), 269 N.S.R.(2d) 69; 860 A.P.R. 69; 2008 NSCA 83, leave to appeal denied [2012] 3 S.C.R. xiii, folld. [para. 32].

Anderson v. Cyr et al. (2014), 345 N.S.R.(2d) 329; 1092 A.P.R. 329; 2014 NSCA 51, refd to. [para. 32].

M.J.B. Enterprises Ltd. v. Defence Construction (1951) Co. et al., [1999] 1 S.C.R. 619; 237 N.R. 334; 232 A.R. 360; 195 W.A.C. 360, refd to. [para. 45].

Collette v. Cartier Partners Securities Inc. et al., [2005] B.C.T.C. 501; 2005 BCSC 501, folld. [para. 47].

Perez v. Galambos et al., [2009] 3 S.C.R. 247; 394 N.R. 209; 276 B.C.A.C. 272; 468 W.A.C. 272; 2009 SCC 48, refd to. [para. 51].

Statutes Noticed:

Judicature Act, R.S.N.S. 1989, c. 240, sect. 34(a)(ii), sect. 34(c) [para. 40].

Counsel:

Mark Bailey, for the plaintiffs;

D. Geoffrey Machum, Q.C., and Colin Piercey, for the defendant.

This motion was heard in Halifax, N.S., on September 9, 2014, by Moir, J., of the Nova Scotia Supreme Court, who delivered the following decision on October 14, 2014.